
FT MEADE 
GenCol1 




u 


/ V*”*’ / ’ 

c\ *•••% 


w 


- - 

_ ,* <y > % 

*'?7^ A <\ 

*<># :§k&~ ++# ' 

& ' f 'K • ^jiJI^ « ^ °it> 

\ A* ^M\\V\y * fv> «- 

.. ^ ° a °-^ * * - 1 * f° 

v * * * °* O ^ 



A % : 

-*> A v ^k . 

'° • * * 4 A* ^ A 

0 V c,° N ° + f o A . i»» '< J 

* O *♦-'»**-f V, 



* ■ > ot > 



*° '<> - 
* r\ *£* * 

r\J <$» + 

*> 

* Y * o- 'c* ,9' • * * * 

* TV A* * 

t ^ A .* 

/ A\ A \ . 

o ' t '^T J LT % A <v 'o, a ^b ♦T 5 T** 

I* 6 ° " ° * T ^T5 A* t ' 19 rO^ o H <t 'P- 

^ * r ° J* y#mL' y o° 

^ r$ o «* N Mby> * a * asa\v*> 



A ^ - 

/ ^y ^ * 




A cr 

y * 

■ O * — - - - 

‘V * 8 ' 1 ‘ ■ , 

•’-*•*. > Av!^*A 




- * , bp > 




> i°v «5°xv : f-u 

^ ri ii«, ^ T^vlWvx^^ ' fcA **• y ///i) *3* v ^ > 

9 <*.. •?»;• «> o ‘A ; f’ ^ 

••° <? <V *»-’• A 0 * 

-i v , v WJr«:'. >". V ■ l';- C\ .,0 » 


_ ,* <y •t' °. 

'■■’ 4 ^ ^ 
av v t > a <j>. 

j 4 ®’ t /y97 * ^ 



1 ^ <y 

; v^ v - 


. / "k 

^ .v V 



° ^ £> 

: ^ <? - 

** V ^ » 




^ ^ o A ^ * jlV ’ 4 O 

^%'l\vkk- b » o’ ^ «. ^ V. 

v^* /.. % /.. v^> ^ 

%i % ^ V »Wa‘ o % a^° /ysi^" "V ^ a.* 

; 4M: - "■ * 4 

‘p vP \ * 



/ y 'V ^kffwt- *° ^ v *k? ^ 'k • 

'•..* .0^- ^ A < •.?^.‘ ,.<- V V. - 

iA 0 ; 

o jp ^ 

* A ^ 

* o> k syAuyyy ' t^. v 

* \Q v, • * 

»■ <ry//l\)j£ J * &+ o 

o »r^Wr^* o ^ k 





W 



«.a «g "o ^;v«* 

- j. /V o N o <i 

/ v G * O 

^ Ci ♦ O 

“ ^ xx '^ ^ „ aA 

«> ^ 4 




, t • 0 

- '• >. A" %* 

°, ^VP ^ • 

; a v ^ * 

..-* <v <\ 

.y t • 1 a* * ^ 
?im&,z- ++ o' 4 





*o N o 9 O, * s", 1 • ’ -.0 

A , 

_ 1%%1 _ ^ #ri ° ^ A c/ ^ 

^ 41 ^s ^y//h° ^ v 

(„ vP v *v * 


* £ ^ 
4 <L V v 



A- ^ ^ 

,0^ c”!s "^o 

0 *> eST^V . o 

V c\\\\\ l\^L *i* 


» 0 




A Vy? b « 

S 4? % * 

S a\ X "“v 4 ' ° * * ^ 

A& . t ' » _ 

^ %■ c° 

* A ^ 


> * -Z^AS — x * ^ 

'. ^ A S 

• rp. A ? v 

° % ^ .* 

- ^ V- V - 


•> A 




















• °WX : A - 

'V <**'••*•* .o* >- 

°o ^ 

^ C* 


&„^ * 


b V 

?> 0 ^ ". 

■5 f* V'W’V <,K o ^ , 

*“^*-. * «, v »:«*»'. A *0*v^k* *> 

\ W .\*^ Va* Z^SSfei'- 


o>9 

*p,* ** ^ 

'••• A 1 - O 

* t f & 

.f ,£w. % 

<** \y K ,fsWyyy* * 

O V e < Q 



* A 



JO 
.* „y 

v 0 *°° 

A v >. v **• 


,V . 0 * 


ifif ; &\. ° 
*??*./* * ; 


; * o, v .!R*i 

: W .m 



^-jr'///l\\S& > v tt* «» w 0 /A 

^ * r\ <*- ->%il\VN^ > vT * 

o. * *,-, * «(r sA ^%* q_ * 

«2* ^ ^ »«» A v o 

c\ -0 s ***^ *> <\ v 

^ * 


' <x? o o 

V s * < c\ .0^ , 



. v * c\ 

V *>V/h> ^ t **‘ * 

V<* •(5\\2L%o 

c> ^ .* 

.? '■C 





a* ,• '•'V A 
^ •V *JW^>* *K, 

o V 



A ^ °^77W\\\y* cP' 1 '* •• ^i»i^ 0 A^. * 

* ^ <?• vW* a s ^ '.\S8p* a v ^ ° 

a N ^ J^rft7Pp2 * 

& : mi/ ^' - 

,-?> °-* ?v 0 a . 

„ ^ , A. *•■’• V '».'TT»* a^- 1 

: W >ift; %/ ^ 

; a ^ v A- • 

* <\ y \$> o 



W «. C -p VJ ’ 

r ^ £> vP* 

, _ AT ^ 




A 


' ^ A/ V ^A b “ « 

A- <+'••“''& \ *CV 

jr SjxMfrL: %■ c. 0 6 - * c 

v 4 °* * 

* C ^AJ ^ ^ n *^ k M ' www^ v N.> <t 

o 

V’ I. v * 

°Y//1$*W * r'5'Cn 

v ^ -yjw* -v ^ * - 

'v\ ■ r ° ’ A 9 ^ A X <v 

, ^ 0^ o° w<J -? A % t , a -A> 

C *1^5S\v ^ O V A *L/y*zS+ ( 

r* ^ ^OsvAV^ ^ TS^ fc ' 

-A Pr 0 ^ \>^ 4 4 vr ^ ///y^ 9 *P> 4 

0 • wM. o V . * v* cv 

o 


, ^ v v 
: vc - ii 


\ 




& 




«® 


o 
































METALLIFEROUS MINERALS ON INDIAN 
RESERVATIONS 


HEARINGS 


BEFORE THE 


■Brlr UKri U 

COMMITTEE ON INDIAN AFFAIRS 
UNITED STATES SENATE 


SIXTY-FOURTH CONGRESS 

SECOND SESSION 
ON 

H. R. 12426 

A BILL TO AUTHORIZE MINING FOR METALLIFEROUS 
MINERALS ON INDIAN RESERVATIONS 


Printed for the use of the Committee on Indian Affairs 



DECEMBER 13 AND 16, 1916 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1916 




















\ 




COMMITTEE ON INDIAN AFFAIRS. 


HENRY F. ASHURST, Arizona, Chairman. 
HENRY L. MYERS, Montana. 


KEY PITTMAN, Nevada. 

HARRY LANE, Oregon. 

ROBERT L. OWEN, Oklahoma. 
JAMES HAMILTON LEWIS, Illinois. 
PAUL O. HUSTING, Wisconsin. 
EDWIN S. JOHNSON, South Dakota. 

2 


THOMAS J. WALSH, Montana. 

MOSES E. CLAPP, Minnesota. 

ROBERT M. LA FOLLETTE, Wisconsin, 
CARROLL S. PAGE, Vermont. 

ASLE J. GRONNA, North Dakota. 
ALBERT B. FALL, New Mexico. 
CHARLES CURTIS, Kansas. 


M. I. McKelligon, Clerk. 




METALLIFEROUS METALS ON INDIAN RESERVATIONS. 


WEDNESDAY, DECEMBER 13, 1916. 

United States Senate, 
Committee on Indian Affairs. 

The committee met at 12 o’clock m. in the committee room, Capitol, 
for the purpose of considering the bill (H. R. 12426) to authorize 
mining for metalliferous minerals on Indian reservations. 

Present: Messrs. Owen, Husting, Walsh, Clapp, La Follette, Fer- 
nald, Gronna, Curtis, and Henry F. Ashurst (chairman) presiding. 

The Chairman. Representative Hayden, of Arizona, is present 
and desires to make a few remarks upon House bill 12426, to author¬ 
ize mining for metalliferous metals on Indian reservations. 

Mr. Hayden, the committee will be glad to hear you. 

STATEMENT OF HON. CARL HAYDEN, A REPRESENTATIVE IN 
CONGRESS FROM THE STATE OF ARIZONA. 

Mr. Hayden. Gentlemen of the committee, I do not desire to de¬ 
tain you any great length of time. 

I have before you a bill which I succeeded in passing through the 
House at the last session of Congress to authorize mining for metal¬ 
liferous metals on Indian reservations. As introduced it applied par¬ 
ticularly to the State of Arizona, but the Department of the Interior 
was of the opinion that there was so much merit in the measure that 
it ought to be made applicable to all Indian reservations where metal¬ 
liferous mining is possible. It is a general bill and therefore will 
probably require some discussion. I shall be very glad to explain its 
terms at the convenience of the committee. If you desire it done at 
this time I shall be glad to do so, but if you prefer to have the matter 
postponed to another day, I will be glad to conform to the conven¬ 
ience of the committee. 

Senator Owen. Mr. Chairman, I have myself an engagement 
which I have already deferred for some minutes in view of the fact 
that we have already held a meeting this morning on the Crow open¬ 
ing, and I very much regret that I can not remain. I would like to 
hear Mr. Hayden’s argument. The general policy of the proposition 
seems to be entirely sound. 

Senator Curtis." I would like to have it go over until some future 
time. 

The Chairman. What time does the Senator suggest? I would 
like to have a special day set, because we do not want Mr. Hayden 
to come here and have to wait. 

Senator Owen. I think it had better be done promptly if there is 
expectation of having action upon the bill. 



4 


METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 


Mr. Hayden. I could come to-morrow. 

The Chairman. Will that be convenient to the committee or would 
it be better to set Saturday ? 

Senator Curtis. I could come Saturday. 

Senator Clapp. I move that we hear Mr. Hayden on Saturday. I 
make that motion in order to have it in proper form. 

(The motion was agreed to.) 

Senator Clapp. I move that the committee adjourn. 

(The motion was agreed to, and the committee adjourned until 
Saturday, December 16,1917, at 10.30 o’clock a. m.) 


December 16, 1916. 

The committee met at 10.30 o’clock a. m. pursuant to adjurnment. 

Present: Senators Pittman, Owen, Fernald, Gronna, Curtis, and 
Ashurst (chairman), presiding. 

The Chairman. The committee will come to order. Mr. Hayden,, 
you may proceed with your statement. 

STATEMENT OF HON. CARL HAYDEN, A REPRESENTATIVE IN 
CONGRESS FROM THE STATE OF ARIZONA—Resumed. 

Senator Gronna. Mr. Hayden, before you proceed with your 
statement may I make this suggestion: I apprehend that it would 
incur the enmity of the Indians to go on to their reservation. They 
consider that it is their land and their property, and to permit the 
white man to go on there without any restrictions whatever to mine, 
it seems to me, might have a tendency to make them hostile to our 
people. As I understand it there is a provision in the bill—section 
2—which provides that while we make this law it must meet with 
the approval of the Secretary of the Interior first. In other words, 
the law is of no effect until he shall designate the reservation or the 
particular land where these explorations may be made. Is that true? 

Mr. Hayden. Yes, sir. 

The Chairman. That is section 2. 

Senator Gronna. And another question that I want to ask is 
this: There may be cases in which the Indians may sustain a loss. ‘ 
Is there any provision in your bill for reimbursement or providing 
for payment to the Indians for any loss they may sustain? 

Senator Curtis. Or damages? 

Senator Gronna. I mean damages. 

Mr. Hayden. No individual Indian could suffer any damage be¬ 
cause mining operations are confined to the unallotted land. 

Senator Gronna. But there might be damage to them collectively. ? 

The Chairman. For what? 

Senator Gronna. For any work that may be done by the miners, j 
We always provide in the homestead bills that the prospectors may 1 
be allowed to go on to lands that are designated as coal lands and | 
where the settlers have taken homesteads. We always provide that I 
the homesteader shall be reimbursed for any damage that may be 
done to them by these prospectors. Now, it seems to me it would 
only be fair that the Indians collectively should be reimbursed for 
any damages that were done. 



METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 


5 


Mr. Hayden. Under the theory of this bill the prospector goes 
into the Indian country and locates a mining claim, the same as he 
would on the public domain, by filing his location notice in accord¬ 
ance with the mining laws, and also filing a copy of the same with 
the superintendent of the reservation. He has one year in which to 
apply for a lease. If he does not apply for a lease within one year 
his location is void. If he acquires a lease he must then pay a rental 
for the use of the land—25 cents, 50 cents, and $1 an acre, etc.—and 
must do his assessment work as required under the mineral-land law. 
Having paid for the use of the land, which is unallotted land, it is 
hard for me to conceive why he should not use it, and how there 
could be any damage to the tribe collectively. 

Senator Gronna. It can be changed in this way: As I understand 
the law, the prospector or miner is permitted to take timber, any 
amount of timber that is necessary for him to carry on his opera¬ 
tions. Now, I take it if there is timber, or if there should happen 
to be timber close by the mine, the miner would be allowed to take 
the timber free, and certainly the Indians ought to be paid for that 
timber. 

Mr. Hayden. Yes. 

Senator Curtis. Out in your country there may be another propo¬ 
sition. They might have a very valuable spring that is supplying 
water for the Indians’ sheep or cattle, and they might take that 
eighty and take that spring and deprive the Indians of water. 

Mr. Hayden. There is a provision in the 640-acre grazing home¬ 
stead bill which covers that situation, and it might be well to use 
similar language in this bill. 

Senator Gronna. I have no objection to the general provisions of 
the bill, but I desire, in so far as I can, to protect the interests of 
the Indians. 

Mr. Hayden. I have provided in the next to the last section of 
this bill the following: 

That the Secretary of the Interior is hereby authorized to perform any and 
all acts and to make such rules and regulations not inconsistent with this 
act as may be necessary and proper for the protection of the interests of the 
Indians, and for the purpose of carrying the provisiohs of this act into full 
force and effect. 

Now, whether that would be broad enough that when a man ap¬ 
plied for a lease the Secretary, under that authority could say, “ You 
must agree in this lease that you will not do damage to the Indians,” 
or not, I do not know. It might be so construed, but there is a 
general provision for the surface entry of coal lands or other lands 
where the mineral is reserved to the United States, that the miner 
is compelled to compensate the homesteader for any damage done 
to him. 

Senator Curtis. There is a provision in the Osage act that any 
damage done in locating mineral, oil, gas, or other minerals shall pay 
to the member of the tribe any damage that may accrue on account 
of the putting in or operation of the well. 

Mr. Hayden. You understand that this bill does not apply to 
lands belonging to individual Indians. Allotted lands are not sub¬ 
ject to location at all. 



6 METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 

Senator Curtis. I know, but it belongs to the tribe, and I think 
you could add a provision to section 9: 

That in addition to the payment of royalties and rentals as herein provided 
the lessee shall expend annually not less than $100 in development work for 
each mining claim located or leased in the same manner as an annual expendi¬ 
ture for labor or improvements is required to be made under the mining laws 
of the United States. 

You might add: 

And in addition thereto shall pay to any member of any tribe, or to the 
tribe any damage that may occur to the tribe or to the individual member 
thereof by reason of the location of such mine or claim— 

Whatever you call it. 

Mr. Hayden. I should be very glad, Senator, if we could find that 
provision in the Osage act. I shall also look for the provision 
in the public-land laws relating to mining where surface entries 
have been made. I do not believe there will be any difficulty 
in agreeing upon a proper amendment. 

Senator Pittman. I would like to call attention to section 5 of 
this bill, on page 3. The section is as follows: 

Sec. 5. That the Secretary of the Interior, in his discretion, in making any 
lease under this act, may reserve to the United States the right to lease, sell, 
or otherwise dispose of the surface of the lands embraced withn such lease 
under existing law or laws hereafter enacted, in so far as said surface is not 
necessary for use of the lessee in extracting and removing the deposits therein: 
Provided , That the said Secretary, during the life of the lease, is , hereby au¬ 
thorized to issue such permits for easements herein provided to be reserved. 

Mr. Hayden. That section is taken bodily from section 24 of the 
general leasing bill applying to coal, oil, gas, etc. 

Senator Pittman. That section places it entirely within the power 
of the Secretary of the Interior to provide against taking timber 
off the land, because he can reserve the surface of the land, or the 
surface of this mining claim, so to speak, except where it is not 
necessary for the use of the lessee in extracting the mineral. 

Senator Curtis. The point I made a moment ago is this, that in 
some sections of that country the Indians depend upon some springs 
not located on their selections. Now;, what if those mining people 
should make a selection of 80 acres, and include a spring that had 
been supplying w T ater for these Indians for the cattle, they taking all 
the water for mining purposes and depriving them of the use of it ? 
I think the Indians would be very materially damaged by the loca¬ 
tions made in that way, especially in a country where w^ater is the 
main thing for the maintenance of small herds. 

Senator Pittman. I believe, under section 5 the Secretary of the 
Interior would have a right to reserve that spring. 

Senator Gronna. Of course, the water holes are of more value 
even than timber. It is almost like gold in some countries. 

Senator Pittman. Of course, the intention of this bill is apparent. 
It is simply to permit, under the leasing system, the development 
of minerals, and that is all. They have followed the mining law, 
in so far as the marking out of it is concerned, and simply getting 
something definite in the amount of mineral. 

Mr. Hayden. If the committee prefer, I shall be glad to go 
through the bill briefly, explaining its terms section by section, and 
stating wffiere I obtained the language that is used, if that is agree¬ 
able to you gentlemen. 


METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 7 

The first section of the bill is taken bodily from section 1 of House 
bill 408, the water-power bill now pending before the Senate. You 
will remember that in the last Congress and in this Congress, after ex¬ 
tended hearings and after much debate, the House passed and sent to 
the Senate bills authorizing the establishment of a leasing system gov¬ 
erning water power on the public domain, and for the mining of coal, 
oil, gas, potassium, sodium, and other minerals. As a member of 
the Public Lands Committee of the House I am familiar with these 
so-called conservation bills, and I will say that while there is much 
opposition in the country to the establishment of a leasing system on 
the public domain, I ascertained that never had Indian land been 
opened to mining under any other than the leasing system. While 
there may be a doubt in the minds of some people as to whether the 
minerals in the lands should have been given to the Indians, title has 
now passed to them under the Executive orders or treaties creating 
these reservations. The mineral lands are their property, and it is 
not the policy of Congress to dispose of the fee in such property at 
any time. It has never been done on any Indian reservation under 
any kind of a mining law. Therefore, we must adopt the leasing 
system. 

Now if the leasing system, based on the best thought of the House 
in at least two Congresses, was satisfactory to water power and coal, 
oil, gas, etc., on the public domain, it seemed to me that we might take 
applicable provisions out of these two bills and make a bill applying 
to metalliferous minerals on Indian reservations. So I took the first 
section, as I say, from the water-power bill, which is merely a de¬ 
claratory statement that certain lands may be leased. 

The second section of the bill as originally drawn provided that all 
unallotted lands on Indian reservations should be open to prospect¬ 
ing. On the suggestion of the Department of the Interior that sec¬ 
tion was amended to the effect that only those unallotted lands 
should be opened to the prospector which the Secretary of the In¬ 
terior might designate, in order to avoid the objection pointed out by 
Senator Gronna. 

The remainder of the section I drew myself, and it is an applica¬ 
tion of the ordinary mining laws. We do not want to confuse the 
prospector. He is accustomed to going into the country and filing 
mining locations under the mining law. He knows how to do that; 
and if he follows the same system as is now provided under the min¬ 
ing laws, there will be no confusion about it. He will be permitted 
to enter unallotted lands designated by the Secretary of the Interior 
and locate his claim. He will file his location notice in the office of the 
county recorder in the usual way. In addition thereto, he is required 
to file a duplicate copy of it with the superintendent of the reserva¬ 
tion in order that the authorities of the Indian Service may have 
notice. 

The Chairman. I think that is very good. 

Mr. Hayden. That gives him the right within one year from the 
date of filing the location notice to make application for a lease. 
If he does not apply for a lease within one year, his location is void 
and he acquires no rights at all. 

Senator Pittman. That one year will give him time to see whether 
it is worth leasing or not, I imagine. 




8 


METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 


Mr. Hayden. And time to make his application, have it sent 
here to Washington and see if it is approved, and all that. I 
wanted to allow him ample time to satisfy himself, if he so desired, 
and for the department to take action on his application if made. . 

Senator Pittman. And they would have to send out and investi¬ 
gate it ? 

Mr. Hayden. Section 3- 

Senator Pittman. One second, before we pass that. Do you 
understand that under section 2 the unallotted land must first be 
designated by the Secretary ? 

Mr. Hayden. Yes, sir. 

Senator Pittman. The reason I wanted to know that is that if that 
section means that, then it also places it within the power of the 
Secretary to withhold from the operation of this bill any land upon 
which there is any spring, or any land which has a peculiar value 
beside in any other way, either timber or anything else. In other 
words, the Secretary must first designate the land that is subject to 
prospecting ? 

Mr. Hayden. Yes. This act is absolutely inoperative until the 
Secretary, takes that positive action after its passage. It says that 
certain areas of an}^ reservation, if in his judgment it may be proper, 
may be opened to prospecting. 

Senator Pittman. What do you think of that, Senator Curtis? 
If the lands must first be classified and designated before being sub¬ 
ject to prospecting, would not that put it within the power of the 
Secretary to withhold from prospecting any lands that had springs 
on it, or lands of any other peculiar value ? 

Senator Curtis. I think it would. I think the language may be 
broadened a little bit so as to make it cover springs, or anything of 
that kind. 

Senator Pittman. That is the intent of the language. 

Senator Curtis. If you will pardon me. for going back, here is the 
provision I have reference to: 

When any oil, coal, asphalt, or other mineral is hereafter opened on lands 
allotted, sold, or reserved, the value of the use of the necessary surface for 
prospecting or mining, and the damage done to the other land, and improve¬ 
ments, shall be ascertained under the direction of the Secretary of the In¬ 
terior and paid to the allottee or owner of the land by the lessee or party 
operating the same before operations begin. 

Of course this is individual, but the language could be broadened 
to make it include the tribe, and you might very easily insert a sec¬ 
tion there to protect the interests of the Indians and simply add 
that the Secretary of the Interior is authorized to provide rules and 
regulations for carrying out the provisions of this section. 

Senator Pittman. There is a general clause at the end of the bill 
that authorizes and directs the Secretary to make rules and regula¬ 
tions— 

not inconsistent with this act as it may be necessary and proper for the pro¬ 
tection of the interests of the Indians and for the purpose of carrying the pro¬ 
visions of this act into full force and effect. 

That might refer back to anything that you put in prior to it. 

The Chairman. Would the bill be satisfactory to you, Mr. Hay¬ 
den, with the amendment suggested by Senator Curtis? 

Mr. Hayden. Yes, sir. 


METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 9 

The Chairman. Are there any further remarks ? Mr. Brossius, do 
you want to be heard? 

Mr. Brossius. On this bill, Mr. Chairman; yes, sir. 

Senator Curtis. Mr. Chairman, I have not had time to read this 
report as yet, and before I pass any judgment on it I want to read it; 
and I may desire to ask some more questions with regard to it, if the 
chairman will excuse me at this time and proceed with the hearing. 

Mr. Hayden. If you prefer, I can sketch through the bill briefly, as 
I started out to do, explaining it and showing where the language 
came from. The second section we discussed. 

Senator Pittman. The second section is taken from the general 
leasing bill, is it not? 

Mr. Hayden. No; the first part of the second section comes from 
an amendment suggested by the Department of the Interior. The 
latter part is an adaptation of the general mining law. The third 
section comes from the general leasing bill—from section 12 of that 
bill—except that as originally introduced in the House the term of 
the lease in this bill was 50 years, the same as is provided in the water¬ 
power bill. We thoroughly discussed the length of the term of the 
lease when we had the water-power bill up in the House, it being 
considered a business of some magnitude, in which large amounts 
of capital were likely to be invested, and also as a business entailing 
some risk. However, it was the judgment of the House that the 
term of the lease as provided in this bill should be reduced to 30 
years, with the preferential right in the lessee, as provided in all 
of the other conservation bills, of renewal for successive periods of 
10 years. A 30-year period, it seems to me, is short enough. If a 
miner makes a location he must not only have time to develop the 
mine but time to raise capital with which to develop it. I know 
of many mining prospects, as you also know, Senator, that have 
been held for 10, 15, or even 40 years, until this late date, when 
money has been more available or it has been possible by the con¬ 
struction of railroads to make the property accessible, before any 
profits were made. So it does not mean that if a lease is made that 
there will necessarily be a paying mine within the following year- 
Therefore it was agreed that 30 years was a fair term for a mining 
lease. 

Senator Curtis. Following that up with section 9, I had not 
noticed that 50-year provision; I had not gotten that far. I had 
read to section 9 and was trying to find some place to suggest an 
amendment. With regard to this section 9, which requires that not 
less than $100 a year in the development of a mining claim shall be 
expended, is that sufficient to protect the interests of the Indians ? I 
do not know anything about minerals, and that is why I ask the ques¬ 
tion. It may sound foolish to you people. 

Senator Pittman. I do not think it would if taken in connection 
with section 8. Section 8 requires a flat rental, you see. 

Senator Curtis. I have not read that. 

Senator Pittman. It provides for— 

an annual rental, payable at the date of such lease and annually thereafter on 
the area covered by such lease, at the rate of 25 cents per acre for the first 
calendar year thereafter; 50 cents per acre for the second, third, fourth, and 
fifth years, respectively, and $1 per acre for each and every year thereafter 
during the continuance of the lease, except that such rental for any year shall 
be credited against the royalties as they accrue for that year. 



10 METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 

The Chairman. That would make a drone get to work. 

Senator Curtis. Would that be sufficient? 

The Chairman. I think so. 

Senator Pittman. They have adopted that provision in the 
Alaskan coal-leasing bill, and they have put it in the general leasing 
bill. That subject was discussed very fully as to what would be a 
reasonable flat rental in addition to royalties. 

Mr. Hayden. This term has been reduced from 50 years to 30 
years. 

Senator Curtis. Well, that is long enough. 

Senator Pittman. Then, there is another proposition, and that is 
that this contains a provision similar to our ordinary mining laws 
out there—that is, that the property shall be operated with diligence. 

Senator Curtis. What have they held in your country as a reason¬ 
able length of time for forfeiture under that? What do they hold 
as a reasonable length of time? As to the oil proposition, they hold 
a year in a number of cases that I happened to look up; that if the 
parties fail for a year it was virtually an abandonment. What have 
they held in mining? 

Senator Pittman. I do not know of cases in mining where they 
have ever permitted a cessation of operations in our State—that is, 
of metal mining—for that length of time. There have been disputes, 
where they have ceased to operate for 30 or 60 days, and under any 
circumstances, when we used the words “ shall be operated with 
diligence and in a minerlike manner,” they must make a showing 
to the courts and get an excuse for the cessation in an action brought 
to forfeit the lease. 

Senator Curtis. The court takes in all the circumstances and con¬ 
ditions of the case. 

Senator Pittman. Yes; and there might be the condition of a 
spring and there might be a condition of cessation of transportation 
that they have been coimting on. It may be impossible to get acids 
to take the stuff out of the ore with. In those cases it comes right 
down to a question of equity in the court. It is purely an equity 
base. The action is brought by the owner of the mining company to 
cancel the lease on the ground of failure to comply with the terms 
of the lease—that is a forfeiture. One of the terms if every lease 
granted to private individuals out there is that the property shall be 
operated with due diligence and in a minerlike manner. 

Mr. Hayden. As the Senator from Nevada has stated, in the Alaskan 
coal-leasing bill, and in the general leasing bill relating to coal, oil, 
phosphate, potassium, and sodium, there is a provision that there 
shall be a flat rental paid per acre. But I thought in addition to a 
rental that there should be this requirement of $100 worth of work 
a year to insure development. It is for this reason that a miner is 
expected to do his annual assessment work. So we have put in here 
more than is required under the other conservation bills. 

Now, the fourth section provides that there may be leased not ex¬ 
ceeding 80 acres of land, in addition to the areas used for mining, 
for camp sites, milling, smelting, refining works, etc. That is taken 
bodily from section 20 of the general leasing bill. 

The fifth section- 


METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 11 

Senator Gronna. Just one moment. That is a very important sec¬ 
tion. That might permit the taking of water power, water holes, and 
springs, if I read it correctly. It provides: 

Sec. 4. That in addition to areas of mineral land to he included in leases 
under this act the Secretary of the Interior, in his discretion, may grant to the 
lessee the right to use, during the life of the lease, a tract of unoccupied land, 
not exceeding eighty acres in area, for camp sites, milling, smelting, and refin¬ 
ing works, and for other purposes connected with and necessary to the proper 
development and use of the deposits covered by the lease. 

That would, as Senator Curtis said a moment ago, at least em¬ 
power the Secretary of the Interior to lease any water power, or 
would let them take any spring or any water hole that might be 
on this particular land. That, of course, might deprive the Indians 
entirely, and would deprive them of the use of it. 

Mr. Hayden. On the other hand, if a man has a mining claim on 
a steep mountainside, where it is impossible to locate a mill, he 
must have some place on which he can put the machinery to crush 
the rock and reduce it to a state where it can be smelted or pre¬ 
pared for shipment. It is, therefore, necessary that some provision 
be made for the ground on which to do that work. Otherwise the 
mining claim would be useless to an}mne. If you have ever been in 
a rough, mountainous country, where mining is carried on, you will 
understand that it is impossible in a good many cases to do any 
milling or smelting on the ground where the ore is produced. It 
has to be carried elsewhere. We often see tramways, and sometimes 
narrow-guage railroads, so that the ore may be moved to a place 
where it can be treated. 

As I say, that provision occurs in the general leasing bill, and I 
took it bodily from that bill. It seems to me that it is necessary 
to have such a provision. But we can take into consideration Sena¬ 
tor Curtis’s suggestion elsewhere in the bill, substantially directing 
the Secretary to protect the water 1 holes or other rights of the In¬ 
dians. Even as the bill now reads it is within his discretion, you 
understand. 

Section 4 provides: 

That in addition to areas of mineral land to be included in leases under this 
act the Secretary of the Interior, in his discretion, may grant, etc. 

In his discretion he may lease additional areas for mill sites, etc., 
but it is possible that where, a man has a claim on flat land that 
he would not need a mill site, and then the Secretary would not have 
to exercise his discretion. 

Section 5 has been discussed by Senator Pittman with respect to 
reserving the surface where it is not necessary for the use of the 
lessee for the purpose of mining. I think it is perfectly proper that 
that should be done. Very often the Indians might obtain consider¬ 
able revenue from this source. For instance, if a mining camp grew 
up the Secretary could lease the surface for business purposes, resi¬ 
dences, etc. That would bring the Indians in quite an income, and 
there is no reason why they should not have it. That is often done 
by mining companies that own private property. 

* Section 6 binds any successor in interest or assignee of the lessee 
to the terms of the lease. That is taken word for word from section 
4 of the water-power bill (H. R. 408) as reported to the Senate. 



12 METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 


Section 7 was taken from section 12 of the water-power bill, and 
there is an almost' identical provision in section 26 of the general 
leasing bill. This section reads as follows: 

Sec. 7. That any lease granted under this act may be forfeited and can¬ 
celed by appropriate proceedings in the United States district court for the dis¬ 
trict in which said property or some parts thereof is situated whenever the 
lessee, after reasonable notice in writing, as prescribed in the lease, shall fail 
to comply with the terms of this act or with such conditions not inconsistent 
herewith as may be specifically recited in the lease. 

That is the method of forfeiting a lease and is self-explanatory. 

Section 8 is the royalty section, providing that a royalty, which 
shall not be less than 5 per cent, shall be charged, and that until 
there is a production of values there shall be a rental of 25 cents an 
acre for the first calendar year thereafter and 50 cents per year for 
the second, third, fourth, and fifth years, respectively, and $1 
per acre for each and every year thereafter during the continuance 
of the lease, “except that such rental for any year shall be credited 
against the royalties as they accrue for that year.” That provision, 
as I have just stated, was taken from section 16 of the general leas¬ 
ing bill. 

Mr. Brossius. May I ask a question, Mr. Chairman? 

The Chairman. Yes. 

Mr. Brossius. It is provided in section 8, that has just been read, 
that the royalty shall not be less than 5 per cent of gross value. 
That, as I understand it, is in the discretion of the Secretary of the 
Interior. The point I make is that at first reading you might think 
it could not be less than 5 per cent, and that is Mr. Hayden’s idea, 
but here it is in the discretion of the Secretary, as I understand the 
language. 

The Chairman. Suppose we strike out the words “in the discre¬ 
tion of the Secretary of the Interior,” and say “ shall not be less 
than five per centum.” Then the Secretary should have authority 
to increase the amount. 

Mr. Hayden. I think that follows. The bill as originally intro¬ 
duced provided for a flat rate, but it was amended in the House by 
Mr. Stafford by inserting the words “in the discretion of the Sec¬ 
retary of the Interior.” I believe there is merit in what Mr. Brossius 
has said. That phrase should be stricken out. 

Senator Gronna. Beginning with the word “ privilege ” ? 

Mr. Hayden. No; the words “in the discretion of the Secretary 
of the Interior.” 

The Chairman. Those words will be stricken out, without objec¬ 
tion. 

Mr. Hayden. Section 9 provides that in addition to the payment 
of the royalties and rentals the lessee shall expend annually not less 
than $100 in development work for each mining claim located or 
leased in the same manner as an annual expenditure for labor or 
improvements is required to be made under the mining laws of the 
United States. 

Section 10- 

The Chairman. Is an inquisitorial power. 

Mr. Hayden. It is taken directly from section 11 of the water¬ 
power bill and authorizes the Secretary of the Interior to look into 



METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. .13 

the books of the lessees so that it can be ascertained whether they are 
paying what they ought to pay. 

Section 11 provides that moneys received from royalties and 
rentals shall be deposited in the Treasury to the credit of the Indians, 
subject to such disposition as Congress may make. That is in the 
usual form. 

Section 12 is taken without change from section 13 of the general 
leasing bill, except that the Secretary of the Interior is given addi¬ 
tional authority to protect the interests of the Indians. It provides 
that the Secretary is authorized to make rules and regulations to 
carry out this act, and a proviso is added— 

Jthat nothing in this act shall be construed or held to affect the right of the 
Aptate or other local authority to exercise any rights which they may have to 
levy and collect taxes on improvements, output of mines, or other rights 
property, or assets of any lessee. 

Senator Curtis. But you give them no authority to take land. 

Mr. Hayden. No. Section 13 was inserted at the request of the 
Hon C. D. Carter, of Oklahoma, and is to the effect that this act 
should not apply to the Five Civilized Tribes or the Osages because 
there are no metalliferous minerals in that country, and he was afraid 
it mignt conflict with the laws relating to coal or other minerals. 

Now, there is one other suggestion that has been made by Mr. 
Brossius that seems to have merit in it. I am personally acquainted 
with a number of Indians in Arizona, graduates of our Indian 
schools, and some of them graduates of Carlisle, who have come to 
/ me at different times, saying, “ We know of places on our reservation 
that mining could be carried on, and we would like to have the right 
to mine.” I have taken the matter up with the Indian Office and 
they say, “No; you are an Indian and can not mine on your own 
land or anywhere else; you can not get a mining claim.” 

It is Mr. Brossius’s idea that if possible there should be inserted 
in this bill a provision as follows: 

Indians who have heretofore or may hereafter be declared by the Secretary 
of the Interior to be competent to mine and manage their own affairs shall be 
given authority to mine; and also all Indians whom the Secretary of the 
I Interior may authorize to make filings on mineral lands under this act in 
I accordance with the rules and regulations to be prescribed by him. 

This is a rather difficult matter to handle, for the reason that there 
are incompetent Indians, Indians that the department does not trust 
to handle their own property, even a little agricultural allotment, 
and-there would be no advantage in giving that kind of an Indian 
the right to acquire property which he could dispose of as he sees 
fit. But there ought to be, on the other hand, some inducement held 
out to progressive Indians, who are competent to do their own busi¬ 
ness, to take a mining claim on their own reservation, at least. I 
have been trying to prepare some language that I thought would 
cover that point. 

Mr. Brossius. Mr. Chairman, we found in the Indian hearings, or 
at least the department has found, that competent Indians, when 
they become quite competent, do not wish certificates of competency 
to be declared citizens, because they are sharp enough to see that 
they will then be subject to taxation. 

The Chairman. They would not be required to be declared com- 
. petent as citizens. 





14 METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 

Mr. Brossius. No ; but the point is that here would be an induce¬ 
ment to ask for a competency certificate, if they can get the right to 
mine. 

The Chairman. The question is, Shall the Indians who may be 
declared competent, and who also take advantage of this act, carry 
on metalliferous mining? 

Senator Owen. I think they ought to be, whether they are com¬ 
petent or not competent. • Why should not an incompetent Indian 
ask for the right to mine ? 

Mr. Hayden. For the same reason that a white child who is 12 
years of age should not be given the right to locate a mining claim 
on the public domain. They are both incompetent. 

Senator Gronna. I have found during the hearings since I have 
been on this committee that we have had hearings on this subject 
that nearly all of these Indians are incompetent, men with just as 
much business ability as any man on this committee. 

Senator Owen. I do not see why they should not apply for that 
right. 

Senator Gronna. As I say, they are men of just as much business 
ability as any man on this committee, and yet I notice they are not 
declared by law to be competent, while they are in reality competent. 

Senator Owen. It is very hard to get competency declared in the 
Indian Office. I know people who are perfectly white and reasonably 
well educated who have been denied competency by the Indian 
Office. 

Senator Gronna. My idea is that every Indian ought to have the 
right and preference in the right of mining. 

Senator Owen. I think so, too. There is one suggestion that 
I would like to make in connection with this matter, and that is that 
probably some very well-known mines are already unknown on these 
properties. It seems to me that it should not be merely a race of 
diligence for a preferential right, but that those that are already 
known should be open to bidding. Would not that be right? Is 
there any reason why that should not be done ? 

Senator Gronna. I think that is right. It is the Indians’ property. 

Senator Owen. Is there any reason to be suggested against that 
proposition ? I think diligence should be encouraged, but where it 
is well known that there are available mining properties it seems to 
me those Indians who have property that is known should not be 
subjected to a race of diligence as between those who have already 
applied for it, where the shrewdest and .sharpest fellow will come 
in and take advantage of them. 

Mr. Hayden. Would it be your idea, Senator, to have the Secre¬ 
tary of the Interior designate certain known mineral areas and have 
that particular land opened by bidding? 

Senator Owen. I would suggest that he make it known; that those 
properties that are already known to be of mineral value might be 
designated by any person and then subject to being let. But sub¬ 
sequent to that time I think diligence is all right, 

Mr. Hayden. I know of but one case of that kind in my State, and 
that was brought to my attention by an Indian. He said that he 
knew of a place where there was what they called an antigua. That 
is, that years ago the old Spaniards had worked arrastras in getting 


METALLIFEROUS MINERALS ON INDIAN RESERVATIONS, 15 

out some gold, and he wanted the right to work the place. He could 
not get permission under existing law because he was an Indian. No 
white man could go in there, either. It was simply tied up. From 
what he said it is a small free gold vein where he could do mining 
in a very simple way. 

Senator Gronna. I would like to call attention to the fact that it 
might be well to protect the Indians’ interest and not allow the water 
holes and springs and water power to be taken without compensation. 

Senator Owen. I think that is quite right. I think it would be 
right to safeguard that. 

Mr. Hayden. The suggestion that Mr. Brossius made about this 
matter, authorizing the Indians to locate mining claims and obtain 
leases, appeals to me and to him, just as it does to Senator Owen, on 
first thought, but I do not see exactly what you are going to have as 
an outcome if you allow every Indian on every reservation to go out 
and make locations everywhere and acquire the right to property 
which he can dispose of without any kind of a restriction at all. 

Senator Curtis. That can be covered very easily by saying that 
members of the Indian tribes may be permitted, or are hereby per¬ 
mitted, to make selections under the rules and regulations pre¬ 
scribed by the Secretary of the Interior, and in those rules you 
could provide that the Indians who were incompetent to handle their 
own affairs might make these selections, and then provide the man¬ 
ner in which they should be developed. If an Indian knows of a 
valuable mine he ought to have at least some benefit from it and 
not give it to somebody else, and where the Indian is competent the 
Secretary should provide that he could go ahead and be permitted 
to mine and do with his property as he pleased. 

Mr. Hayden. You and Mr. Brossius are practically in accord. Mr. 
Brossius proposes dividing the Indians into two classes—the Indians 
who have heretofore or may hereafter be declared by the Secretary 
of the Interior to be competent to manage their own affairs and 
do the same as a white man- 

Senator Curtis. Yes; just as they buy a horse or a cow. 

Mr. Hayden. And also all other Indians whom the Secretary of 
the Interior may authorize to make filings on mineral lands under 
this act in accordance with the rules and regulations to be prescribed 
by him. They are divided into two classes in that way. 

1 Mr. Brossius. The first class not subject to the Secretary’s orders, 
the same as citizens of the United States. They are to be divided 
according to ability, but I think that might be extended according 
to the Senator’s suggestion. 

Mr. Hayden. Your ideas are fundamentally the same. 

Senator Curtis. I know of one Indian—f do not know what he 
has got—who came here to Washington a number of years ago and 
said he knew of very valuable coal land on their reservation and went 
on to describe what it was. The mineral laws did not apply and he 
would not tell anyone else. He said he did not intend to tell them 
until that land was opened up and he was going to try to get it for 
himself; if it was subject to rental that an Indian ought to have the 
right to rent that property. 

Senator Pittman. Coal is not included in this bill. 


16 METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 


Senator Curtis. No; but I am using that to illustrate the matter. 
If it is opened up in his country he ought to have the right to it if 
he found it years ago. If he is able to do so and can do so, he 
ought to be permitted to go on it and develop it when it is opened. 

Senator Pittman. The Indians, some of them, are quite skillful 
prospectors. 

Senator Curtis. They claim that in Utah they had quite a number 
of Indians who were very adept in discovering minerals. 

Mr. Hayden. I do not think it is the desire of anybody to prevent 
the development of any mining property. 

Senator Curtis. Why could you not, following the suggestions 
that have been made here, prepare the two or three amendments 
that have been suggested and submit them with your bill, and when 
there are a sufficient number of the members of the committee pres¬ 
ent we can pass upon them—probably at the meeting on Monday, 
Mr. Chairman, could we not? 

The Chairman. We could appoint a subcommittee to cooperate 
with Mr. Hayden and get it drafted this afternoon. When we pro¬ 
ceed to the consideration of the Indian appropriation bill it is diffi¬ 
cult to interrupt the course of that bill. 

Mr. Hayden. I shall be very glad to render any assistance that I 
can in that regard, Mr. Chairman. 

The Chairman. Suppose you and Senator Curtis and Senator 
Gronna get together as a committee to consider the bill. 

Senator Curtis. I would rather somebody else should serve on the 
committee and let me look at it afterwards. I have many pressing 
engagements this afternoon. 

Senator Gronna. Suppose you appoint Senator Pittman on the 
committee, as he is very well versed in mining laws. 

The Chairman. Very well; you can prepare it and submit it to 
Senator Curtis, Senator Pittman, and Senator Fernald. 

Senator Gronna. I would be glad to act, but Senator Pittman 
is more capable than I. 

The Chairman. You may prepare several copies of the amend¬ 
ments that are suggested. 

Senator Pittman. I think that will be a good idea. There should 
be made a memorandum of the points that you want to cover. 

Mr. Hayden. I think so. One is the question of protecting the 
water holes- 

Senator Curtis. And damages of all kinds. 

Mr. Hayden. Yes; damages generally. 

Senator Gronna. And water power. 

Senator Curtis. I move that the committee now adjourn. 

(The bill as reported to the Senate is as follows:) 

[Omit the part struck through and insert the part printed in italic.] 

AN ACT To authorize mining for metalliferous minerals on Indian reservations. 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled , That the Secretary of the Interior be, and 
hereby is, authorized and empowered, under general regulations to be fixed by 
him and under such terms and conditions as he may prescribe, not inconsistent 
with the terms of this act, to lease to citizens of the United States or to any 
association of such persons or to any corporation organized under the laws 
of the United States or of any State or Territory thereof, any part of the 



METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 17 


unallotted lands within any Indian reservation heretofore withdrawn from 
entry under the mining laws for the purpose of mining for deposits of gold, 
silver, copper, and other valuable metalliferous minerals, which leases shall 
be irrevocable, except as herein provided, but which may be declared null and 
void upon breach of any of their terms. 

Sec. 2. That after the passage and approval of this act unallotted lands 
within Indian reservations heretofore withheld from disposition under the min¬ 
ing laws may be declared by the Secretary of the Interior to be subject to 
exploration for and discovery of deposits of gold, silver, copper, and other 
valuable metalliferous minerals by citizens of the United States, and after 
such declaration mining claims may be located by such citizens in the same 
manner as mining claims are located under the mining laws of the United 
States: Provided , That the locators of all such mining claims, or their heirs, 
successors, or assigns, shall have a preference right to apply to the Secretary 
of the Interior for a lease, under the terms and conditions of this act, within 
one year after the date of the location of any mining claim, and any such locator 
who shall fail to apply for a lease within one year from the date of location 
shall forfeit all rights to such mining claim: Provided further, That duplicate 
copies of the location notice shall be filed within sixty days with the superin¬ 
tendent in charge of the reservation on which the mining claim is located, 
and that application for a lease under this act may be filed with such superin¬ 
tendent for transmission through official channels to the Secretary of the 
Interior: And provided further, That lands containing springs, water holes, 
or other bodies of water needed or used by the Indians for watering live stock, 
irrigation , or water-power purposes shall not be designated by the Secretary 
of the Interior as subject to entry under this act. 

Sec. 3. That leases under this act shall be for a period of thirty years, with 
the preferential right ip the lessee to renew the same for successive periods of 
ten years upon such reasonable terms and conditions as may be prescribed by 
the Secretary of the Interior, unless otherwise provided by law at the time of 
the expiration of such periods: Provided, That the lessee may, in the discre¬ 
tion of the Secretary of the Interior, be permitted at any time to make written 
relinquishment of all rights under such a lease and' upon acceptance thereof 
be thereby relieved of all future obligations under said lease. 

Sec. 4. That in addition to areas of mineral land to be included in leases under 
this act the Secretary of the Interior, in his discretion, may grant to the lessee the 
right to use, during the life of the lease, a tract of unoccupied land, not ex¬ 
ceeding eighty acres in area, for camp sites, milling, smelting, and refining 
works, and for other purposes connected with and necessary to the proper de¬ 
velopment and use of the deposits covered by the lease. 

Sec. 5. That the Secretary of the Interior, in his discretion, in making any 
lease under this act, may reserve to the United States the right to lease, sell, 
or otherwise dispose of the surface of the lands embraced within such lease 
under existing law or laws hereafter enacted, in so far as said surface is not 
necessary for use of the lessee in extracting and removing the deposits therein: 
Provided. That the said Secretary, during the life of the lease, is hereby author- 
izd to issue such permits for easements herein provided to be reserved. 

Sec. 6. That any successor in interest or assignee of-any lease granted under 
this act, whether by voluntary transfer, judicial sale, foreclosure sale, or other¬ 
wise, shall be subject to all the conditions of the approval under which such 
rights are held and also subject to all the provisions and conditions of this 
act to the same extent as though such successor or assign were the original 
lessee hereunder. 

Sec. 7. That any lease granted under this act may be forfeited and canceled 
by appropriate proceedings in the United States district court for the district 
in which said property or some part thereof is situated whenever the lessee, 
after reasonable notice in writing, as prescribed in the lease, shall fail to 
comply with the terms of this act or with such conditions not inconsistent here¬ 
with as may be specifically recited in the lease. 

Sec. 8. That for the privilege of mining or extracting the mineral deposits' 
in the ground covered by the lease the lessee shall pay to the United States, 
for the benefit of the Indians, a royalty whiclL-i n -fh c dioerct i on ef—th e— S c e- 
geta ry - of the Intcr totr shall not be less than five per centum of the gross value 
of the output of the minerals at the mine, due and payable at the end of each 
month succeeding that of the extraction of the minerals from the mine, and 
an annual rental, payable at the date of such lease and annually thereafter 


73570—16-2 






18 METALLIFEROUS MINERALS ON INDIAN RESERVATIONS. 


on the area covered by such lease, at the rate of 25 cents per acre for the 
first calendar year thereafter; 50 cents per acre for the second, third, fourth, 
and fifth years, respectively; and $1 per acre for each and every year there¬ 
after during the continuance of the lease, except that such rental for any year 
shall be credited against the royalties as they accrue for that year. 

Sec. 9. That in addition to the payment of the royalties and rentals as herein 
provided the lessee shall expend annually not less than $100 in development 
work for each mining claim located or leased in the same manner as an annual 
expenditure for labor or improvements is required to be made under the mining 
laws of the United States Provided, That the lessee shall also agree to pay all 
damages occasioned by reason of his mining operations to the land or allotment 
of any Indian or to the crops or improvements thereon: And provided further, 
That no timber shall be cut upon the reservation by the lessee except after first 
obtaining a permit from the superintendent of the reservation and upon payment 
of the fair value thereof. 

Sec. 10. That the Secretary of the Interior is hereby authorized to examine 
the books and accounts of lessees and to require them to submit statements, 
representations, or reports, including information as to cost of mining, all of 
which statements, representations, or reports so required shall be upon oath, 
unless otherwise specified, and in such form and upon such blanks as the Secre¬ 
tary of the Interior may require; and any person making any false statement, 
representation, or report under oath shall be subject to punishment as for 
perjury. 

Sec. 11. That all moneys received from royalties and rentals under the pro¬ 
visions of this act shall be deposited in the Treasury of the United States to 
the credit of the Indians belonging and having tribal rights on the reservation 
where the leased land is located, which moneys shall be at all times subject to 
appropriation by Congress for their education, support, and civilization. 

Sec. 12. That the Secretary of the Interior is hereby authorized to perform 
any and all acts and to make such rules and regulations not inconsistent with 
this act as may be necessary and proper for the production of the interests of 
the Indians and for the purpose of carrying the provisions of this act into full 
force and effect: Provided, That nothing in this act shall be construed or held 
to effect the right of the State or other local authority to exercise any rights 
which they may have to levy and collect taxes upon improvements, output of 
mines, or other rights, property, or assets of any lessee. 

Sec. IS. That mining locations, under the terms of this act, may be made 
on unallotted lands within Indian reservations by Indians who have heretofore 
or may hereafter be declared by the Secretary of the Interior to be competent 
to manage their own affairs; and the said Secretary is hereby authorized and 
empowered to lease such lands to such Indians in accordance with the pro- I 
visions of this act: Provided, That the Secretary of the Interior be, and he is i 
hereby, authorized to permit other Indians to make locations and obtain leases 
under the provisions of this act, under such rules and regulations as he may 
prescribe in regard to the working, developing, disposition, and selling of the 
products, and the disposition of the proceeds thereof of any such mine by such 


Indians. 


Sec. 1 3 14 . That the provisions of this act shall not apply to the Five Civilized 
Tribes and Osage Nation of Indians in Oklahoma. 



1 9.8 



X 































A A 

** O AN ^ A 







C ^ JN ® 

^ O 



/ fX • 

- A 

& «■ 0 " 0 , 

<* ^ 

'. "V <? 

. ■*• o' 

*°-%. v*i»- £°-* " 

, 0 > .«••* > V **•-'- c 

^ A* /^a.% ^ A - 

•j> v 


*°^ ^ V fcL^/rfW* 

♦ A A ^ „ffCw?Wl. «* ~ 

^..^ 

l^'' xr '%. ’'o. : %‘ a^ % ^ ,v> 

C ^ Sjtf&r. °o ^ V c°" • 



• W : 

: A % °, 





■A o^ 


O \0 vV 

c 'AW-' 0 \ ‘* 

°* *»«» 4 A 0 *"’* S 

'♦ ^ a0 ***°- V . V % 

' \/ ■■Mm- • 



• A V -^. 

/ & % 


» A 


A 



> ^ *. 



*° ^ ’ 

•* / \ 
o^ *<*<>* ; 


o. 'o . ** A 




**0« 


4 CL 

■0,* y<N <« 

. - ^ ,♦ / o *, 

<S> *■'/'■ At °-> ’ • « 0 

/v > V c * * 



* •»b y : 


< - v * • * ’ a' 

<y o°"°* ,o v 

AV • _4^*V ^ *T C 

* ' ^ 

, A* 0 * 


* 0 y*'C{Jf&S A> cv 

'V "»» 0 ° a 0 ^ ' ..' • ^ • ^._ 




* /% 

■ <b * 7 ^ T ‘ a' 

^ m;- \ C° 

> a. ovX\W j> ,r ? r . 


■°- - v> ^> A 

^ A 





♦ * 


5 A u «p 

n V o 

i, -r v 


£. A 



iP-% 

) 

C\* V*_ ^ I» 

A° <>. V 

~ -I'O- V » 

- ■iA A ,‘ 

■*. : 

* ^ ^ • 

,* 4 V *. 

\ r 

A 6 O « 0 * 1$ ^ * «• * * 4 Q 

l lt> • *P Cr y^sm-x. * V *1 


* aV<^l 1 

* A> ^ • 

























to 4 ? * 

vP <y> 


& 


o • * 


' * ^ 
4 'V > * 

^ ' ’ ’ ** <^ 
O <& , 0 N O \£ 

if v3 < 1 ^ * *■ r 

’of 



■ ^ 

; ^ v • i 

- - A ^ • 

« x ^ ^ 

, "V w • * .A <\ 

^ rO V t * 1 ' * * o^ A^ 0 ° N<I * <s> 

" :&llmz?*. f 0 ^ „«-fs^w- 



rv. 




Lf ^ '•<•>* .V o *».»° .o J 

r ,*','.°-. > v" 'L.^''* ; c\ .0^ .<*o. 





\/ •’ 






o 

_ * 'V4A\V^ ' 

c\ ■* * o 

O ♦ „ A 9 f\ » 
^ 0 * 0 A u 

x0 • 
\<? . 



o r °. l* A 

x '*0 A*^ o e N » * <#> 

O * «r4SV\ <► 

-p \N * <rvs\\\n'%^ it ^ k 

°v* -^PlSt"- ^o 4 

\0 7* 

v- <£v 4 v -a. 

A* . ^r^S/1 rJlp * k. * 

'<*> '"’’ <V c 

l .*•<>- . > 


(t 

v^v 

■': %/ ••< 

* V>^ o? 

* 4 / o' 

•» 5 <0 

0 V „ t ' a „ *t* 0 

0 Jap/T??^." O 



• ♦ A ^ v *V 

* A 

c 0 " ° 

♦_eS^V v' ^ f , W * 

W- -V 41 <^\ l% * Tk X ^ * 

V^> < <> o /r ^nN^\\ <A < 3> *> 



5v 0v ^ ^ 

n 0 ° ^ tjOirfs / 


O -.... A <> - 

^ A^ 0 0 " 6 -» <*> 

V? ^ W - * *p 

-O v 1 ' 0 

9 v*, 



** ^ ^ ‘ 

0 ~> ^ 

° *° v * 

^ V 



_ ■ t 0 

i °'%. 

‘° \ **.., v 
i'"-*. 0 - *^> v' t » s 

;,aw/a^ / 

DOBBS BROS. , 

library binding -, \P o 

> o K /* 

& * IfS ^ 4 


UFEB 7 O' o 

^ ST. AUGUSTINE . i > • 4 


c,9 o u 

^ V 

<> ^r.T^ v 

.V . *» *Pl 






















































